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HomeMy WebLinkAbout176-08 RESOLUTIONRESOLUTION NO. 176-08 A RESOLUTION APPROVING FY 2008 HUD EDI — SPECIAL PROJECT GRANT AGREEMENT IN THE AMOUNT OF $656,600.00 TO FUND THE FAYETTEVILLE HOUSING PARTNERSHIP; APPROVING A DEVELOPERS GRANT AGREEMENT WITH RAUSCH COLEMAN HOMES, LLC; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $656,600.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves FY 2008 HUD EDI — Special Project Grant Agreement In the amount of $656,600.00 to fund the Fayetteville Housing Partnership. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Developers Grant Agreement with Rausch Coleman Homes, LLC Budget Adjustment in the amount of $46,560.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a Budget Adjustment in the amount of $656,600.00 to recognize the Grant revenue. `o,.%,FKjTR?s.,,° O. �? CO APPROVED: ATTEST: eFAYETTEVILLE: 3 '�%;7sy ',KANSPOJ2a By://ate �n� ( !1 J•��uTON%%%% PASSED and APPROVED this 16th day of September, 2008. • By: SONDRA SMITH, Ci Clerk/Treasurer OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D.C. 20410-1000 October 21, 2008 The Honorable Dan Coody Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Coody: RECEIVED OCT 2 7 2008 CITY OF FAYETTEVILLE MAYOR'S OFFICE RECEIVED OCT 3 0 2008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE I am returning a signed copy of your grant agreement and the HUD 1044 for your records. Your financial documents have been sent for processing. Please allow 14 business days from the date of this letter to initiate your first drawdown. Please let me know if I can be of further assistance. I maybe reached at (202) 708-3773, ext. 4421, fax (202)-708-7543, or Theresa.A.Slye@hud.gov. We look forward to your successful completion of the project. Sincerely, NejleAV Theresa Slye Special Projects Division • P1 i Assistance Award/Amendment U.S. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument 2. Type of Action Cooperative Agreement X Grant X Award Amendment 3. Instrument Number B -08 -SP -AR -0524 4. Amendt totter VU[[.. 11, 1 3: 5. Effective Date of this Action 30 6. Control Number 7. Name and Address of Recipient City of Fayetteville 113 West Mountain Street Fayetteville AR 72701 EIN:71.6018462 8. HUD Administering Office CPD, EDI Special Project Division 451 7th Street, SW, Rm 7146 Washington, DC 20410-7000 Ba Name of Administrator 8b. Telephone Number 10. Recipient Project Manager Dan Coody 9. HUD Government Technical Representative Theresa Slye 202-708-3773, Extension: 4421 11. Assistance Arrangement 12. Payment Method 13. HUD Payment Office Chief Financial Officier Treasury Check Reimbursement Cost Reimbursement Advance Check Cost Sharing Bit Fixed Price X Automated Clearinghouse 14. Assistance Amount 15. HUD Accounting and Apropriation Data 15a Appropriation Number 15b Reservation Number Previous HUD Amount EID 08 HUD Amount this Action $656,600.00 Amount Previously Obligated Total HUD Amount $656,600.00 Obligation by this Action $656,600.00 Recipient Amount 1 Total Obligation $656,600.00 Total Instrument Amount $656,600.00 16. Description I City of Fayetteville, Fayetteville Attainable Housing Partnership, Fayetteville, Arkansas, To support the Fayetteville Attainable Housing Partnership 1 This Award consists of the following items which. are appended to and hereby made part of this Award: (A) Cover Page - HUD 1044 (B) Grant Agreement 17. pedal Conditions: Please contact Shelia Gilmore - HUD Area Environmental Officer at 504-589-7212, Tina.Powell@hud.gov concerning environmental review. NO FUNDS may be committed to the project or drawn down prior to environmental release of funds approval. X Recipient is required to sign and return three (3) copies of this document to the HUD Administering Office. 18. Recipient is not required to sign this document. 19. Recipient (By Name): The Honorable Dan Coody, Signature & Title: Mayor of Fayetteville Previous Editions are Obsolete 20. HUD (By Name): Otto V. Banks Date 4 2-0l Sr form HUD -1044 8190) Ref. Handbook 2210.17 • HUD NOTIFICATION U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410 FIELD OFFICE: Headquarters ACTION: Announce FY 2008 Special Project Grant B -08 -SP -AR -0524. DESCRIPTION:A funding approval letter has been approved for an EDI Special Project Grant to City of Fayetteville, AR as identified in the 110-161 (Consolidated Approprations Act, 2008) and a listing of specific Economic Developmentand a listing of certain specific Economic Development Initiative Special Projects specified in the Congressional Record of December 17, 2007. CONGRESSIONAL RECIPIENT DISTRICT AMOUNT City of Fayetteville 3 $656,600 PROJECT HIGHLIGHTS: This FY 2008 Special Project grant will be used City of Fayetteville, Fayetteville Attainable Housing Partnership, Fayetteville, Arkansas, To support the Fayetteville Attainable Housing Partnership. RECIPIENT CONTACT: Dan Coody 479-575-8290 HUD - HQ CONTACT: Theresa Slye 202-708-3773, ext. 4421 CONGRESSIONAL DELEGATION i PARTY Senator Mark Pryor D Senator Blanche L Lincoln D Congressman John Boozman R • FY 2008 EDI -SPECIAL PROJECT NO. B -08 -SP -AR -0524 GRANT AGREEMENT This Grant Agreement between the Department of Housing and Urban Development (HUD) and City of Fayetteville (the Grantee) is made pursuant to the authority of Public Law 110-161 (Consolidated Appropriations Act, 2008) and a listing of certain specific Economic Development Initiative Special Projects specified in the Congressional Record of December 17, 2007. The amount shown below is 98.00% of the amount specified in the Congressional Record of December 17, 2007, because of a 2.00% reduction mandated by the Act. The Grantee's application, as may be amended by the provisions of this Grant Agreement, is hereby incorporated into this Agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, HUD and the Grantee agree as follows: Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $656,600 available to the Grantee. The Grantee agrees to abide by the following: ARTICLE I. HUD Requirements. The Grantee agrees to comply with the following requirements for which HUD has enforcement responsibility. A. The grant funds will only be used for activities described in the application, which is incorporated by reference and made part of this Agreement as may be modified by Article VIl (A) of this Grant Agreement. B. EQUAL OPPORTUNITY REQUIREMENTS The grant funds must be made available in accordance with the following: 1. For projects involving housing, the requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063 (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107. 1 - 2. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1. 3. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. • 4. The requirements of 24 CFR 5.105(a) regarding equal opportunity as well as the requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60. 5. For those grants funding construction covered by 24 CFR 135, the requirements of section 3 of the Housing and Urban Development Act of 1968, (12 U.S.C. 1701u) which requires that economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, be given to low- and very low-income persons and to businesses that provide economic opportunities for these persons. 6. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 concerning Women's Business Enterprise). Consistent with HUD's responsibilities under these Orders, the Grantee must make efforts to encourage the use of minority and women's business enterprises in connection with grant funded activities. See 24 CFR Part 85.36(e), which describes actions to be taken by the Grantee to assure that minority business enterprises and women business enterprises are used when possible in the procurement of property and services. 7. Where applicable, Grantee shall maintain records of its efforts to comply with the requirements cited in Paragraphs 5 and 6 above. C. ENVIRONMENTAL REVIEW REQUIREMENTS. 1. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee agrees to assume all of the responsibilities for environmental review and decision- making and actions, as specified and required in regulations issued by the Secretary pursuant to the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58. 2. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital, or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe, or Alaskan Native Village, within which the project is located and which exercises land use responsibility, to assume all of the responsibilities for environmentalreview anddecision-making as specified in paragraph C.1 above, and the Grantee shall carry out all of the responsibilities of a recipient under 24 CFR Part 58. D. Administrative requirements of OMB Circular A-133 "Audits of States, Local governments and Non -Profit Organizations." E. For State and Local Governments, the Administrative requirements of 24 CFR Part 85, including the procurement requirements of 24 CFR Part 85.36, and the requirements of OMB Circular A-87 regarding Cost Principles for State and Local Governments. For Non -Profits, the Administrative requirements of 24 CFR Part 84, including the procurement requirements of 24 CFR Part 84.40, and OMB Circular A- 122 regarding Cost Principles for Non -Profit Institutions. For Institutions of Higher Education the applicable OMB Circular regarding Cost Principles is A-21. F. The regulations at 24 CFR Part 87, related to lobbying, including the requirement that the Grantee obtain certifications and disclosures from all covered persons. G. The regulations at 24 CFR Part 21, regarding requirements for Drug- Free Workplace. H. The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24. I. The Grantee will comply with all accessibility requirements under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8, where applicable. J. The regulations at 24 CFR Part 35, where applicable, regarding Lead -Based Paint Poisoning Prevention in Certain Residential Structures K. The regulations at 24 CFR Part 5.109, where applicable, regarding Equal Participation of Religious Organizations in HUD Programs and Activities. ARTICLE II Conditions Precedent to Draw Down. The Grantee may not draw down grant funds until the following actions have taken place: A. The Grantee has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying. B. Any other conditions listed in Article VII (C) of this Grant Agreement. ARTICLE III Draw Downs. A. A request by the Grantee to draw down grant funds under the Voice Response Access system or any other payment system constitutes a representation by the Grantee that it and all participating parties are complying with the terms of this Grant Agreement. B. The Grantee will be paid on an advance basis provided that the Grantee minimizes the time elapsing between transfer of the grant funds and disbursement for project C. Before the Grant Agreement is signed, the Grantee may incur cost for activities which are exempt from environmental review under 24 CFR Part 58 and may charge the costs to the grant. ARTICLE IV. Progress Reports. A. The Grantee shall submit to the Grant Officer a progress report every six months after the effective date of the Grant Agreement. Progress reports shall consist of (1) a narrative of work accomplished during the reporting period and (2) a completed Financial Status Report - Form 269 A. HUD may require additional information or increased frequency of reporting as described in Article VII ( C ). B. The performance reports must contain the information required under 24 CFR Part 85.40(b) (2) or 24 CFR Part 84.51(a), as applicable including a comparison of actual accomplishment to the objectives indicated in -the approved applications the reasons for slippage if established objectives were not met, and additional pertinent information including explanation of significant cost overruns. • C. No grant drawdowns will be approved for projects with overdue progress reports. ARTICLE V. Project Close-out. A. The grantee shall submit to the Grant Officer a written request to close-out the grant 30 days after the grantee has drawn down all funds and completed the activities described in the application, as may be amended. The final report shall consist of (1) a narrative of all work accomplished during the project period and (2) a completed Financial Status Report - Form 269 A covering the entire project period. HUD will then send the Close-out Agreement and Close-out Certification to the Grantee. At HUD's option, the Grantee may delay initiation of project close-out until the resolution of any HUD monitoring findings. If HUD exercises this option the Grantee must promptly resolve the findings. B. The Grantee recognizes that the close-out process may entail a review by HUD to determine compliance with the -Grant Agreement by the`Grantee and all participating parties The Grantee agrees to cooperate with any review in any way possible, including making available records requested by HUD and the project for on-site HUD inspection. C. The Grantee shall provide to HUD the following documentation. 1. A Certification of Project Completion. 2. A Grant Close-out Agreement. 3. A final financial report giving the amount and types of project costs charged to the grant (that meet the allowability and allocability requirements of OMB Circular A-122, A-87 or A-21 as applicable, including the "necessary and reasonable" standard); a certification of the costs; and the amounts and sources of other project funds. 4. A final performance report providing a companson of actual accomplishments with each of the project commitments and objectives to the approved application, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns. D. The Grantee agrees that the grant funds are allowable only to the extent that the project costs, meeting the standard of OMB Circular A-122, A-87 or A-21 as applicable, equal the grant amount plus other sources of project funds provided. E. When HUD has determined that the grant funds are allowable, the activities were completed as described by the Grant Agreement, and all Federal requirements were satisfied, HUD and the Grantee will sign the Close-out Agreement and Close-out Certificate. F. The Close-out Agreement will include the Grantee's Agreement to abide by any continuing federal requirements. ARTICLE VI. Default. A default under this Grant Agreement shall consist of using grant funds for a purpose other than as authorized by this Agreement, any noncompliance with legislative, regulatory, or other requirements applicable to the Agreement, any other material breach of this Agreement, or any material misrepresentation in the application submissions. ARTICLE VH. -Additional Provisions. A. Project Description. The project is as described in the application with the following changes: B. Changes or Clarification to the Application Related to Participating Parties: The Administrative Agent if any: C. Special Conditions: The Consolidated Appropriations Act, 2008 provides that no funds made available under the Act may be used to support any Federal, State or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For purposes of this provision, public use shall not be construed to include economic development that primarily benefits private entitites. A i U.S. Department of Housing and Urban Development Authorized Signature Otto V. Banks Deputy Assistant Secretary for Economic Development Date City of Fayetteville The Honorable Dan Coody Aut onzed Signature f'\ communityresources CITY Of FAY ETT EVIILE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT YEAR 2008 1 DEVELOPER GRANT AGREEMENT This Agreement is entered into on this day, St.p662( 119, 2008, between the City of Fayetteville, hereinafter known as the City, and Rausch Coleman, LLC Homes hereinafter known as the Developer. WHEREAS the City has received funding made pursuant to the authority of Pubic Law 110-161 (Consolidated Appropriations Act, 2008) and a listing of certain specific Economic Development Initiative (EDI) Special Projects specified in Congressional Record of December 17, 2007 and, WHEREAS the Act contains certain requirements regarding the use of EDI funds to fulfill the activities described in the application, which is incorporated by reference and made part of this Agreement (Attachment A and B); and, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the Developer agree as follows: 1. TERM OF AGREEMENT: The funding for this Agreement shall begin on the date first written above and expire on September 30, 2011; any funds not obligated prior to this date will revert back to the City. 2. LIMITATION ON FUNDING: It is expressly agreed and understood that upon execution of the Agreement the City agrees to allocate no more than the amount of Five hundred eighty-six thousand six hundred dollars ($586,600) for the full and complete satisfactory performance of this Agreement. Drawdowns for the payment of eligible expenses shall be made against the actual contract line costs as specified in estimated costs shown in Attachment B and in accordance with performance. 3. AMENDMENTS: Any revision to this Agreement, including Attachments, shall only be made by a written amendment, approved by the City. 4. SCOPE OF PROJECT: The Developer shall perform all services according to the Project Description as indicated in Attachment A. Any deviation from the provisions detailed in the Project Description shall be prohibited unless approved by the City and made as an amendment to the Agreement. 5. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Sub -recipient agrees to comply with the provisions of 24 CFR 570.502 (a) or (b), as applicable, and all requirements and standards which include but are not limited to the following: A. Allowable and Allocable Costs: Costs must be necessary, reasonable and directly related to the scope of the project in this agreement. In addition, costs must be legal and proper. The budget included in Attachment B (Project Budget) is an estimate, actual contract quantities and unit prices shall control amounts of allowable expenditures within budget categories. B. Disbursement of Funds: The Sub -recipient shall render to the City a request for reimbursement of project expenditures. Drawdowns shall be requested monthly based on the actual work completed on the project. C. Procurement: All contracts for services and procurement for materials shall be carried out in 113 W MOUNTAIN ST 1 FAYEI IEVILLE AR 72701 1 PHONE 479.575.8260 I FAX 479.444 3445 #41"‘ community resources CITY OF FAYETTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM compliance with 24 CFR Part 85.36 Administrative Requirements for Grants and all other applicable federal, state, and local rules and regulations, including regulations and policies from the City's Purchasing Division. D. Documentation of Costs: The Developer shall maintain records on materials and purchased services performed. All costs shall be supported by evidencing in proper detail the nature and propriety of charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. E. Records and Reports: The Developer shall, at a minimum, submit the following reports to the City: 1) Monthly progress reports due fifteen days after month ends shall be submitted to the City on projects and its particulars. Monthly progress reports shall outline activities undertaken during each month toward completion of the subject program and the progress in meeting the prescribed Attachment A. Failure to provide the required documentation and information will affect the funding in this agreement and future requests for funding. 2) Monthly financial statements due fifteen days after month ends shall be submitted to the City on projects and its particulars. Monthly financial statements shall outline all expenses applicable to the EDI project. 3) A Final Summary Report due within fifteen (15) days after the term of this agreement shall include a summary of all complied information described in paragraphs 5(F) (1) and (2) above. 4) The Developer agrees to maintain records and reports related to the project for a period of no less than five years following the term of this Agreement. 6. ACCESS TO RECORDS: At any time during normal business hours and as often as the City deem necessary the Developer shall make available to the City for examination of all its records with respect to all matters covered by this Agreement. Further, the Developer shall permit the City to make excerpts of transcripts from such records, make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all maters covered by this Agreement. 7. MONITORING AND AUDITS: The City is required by the federal Office of Management and Budget Circular A-133 to ensure that federal EDI program requirements are met that the funds are used for the purpose of the program, and the Developer complies with reporting and auditing requirements. The City will monitor and audit the Developer to assure the compliance of project progress as stated in Attachment A. A. Remedies for Non -Compliance: If the Developer fails to comply with any term in this Agreement, the City may take one or more of the following actions as indicated in 24 CFR Part 85.43 (Enforcement). 113 W MOUNTAIN ST I FAYETTEVILLE AR 72701 I PHONE 479.575.8260 1 FAX 479.444.3445 f'*Th community resources CITY OF FAYETTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 8. PROGRAM CLOSE-OUT: A Termination of Agreement: 1) Termination by City: Notification shall be provided in the form of a written notice specifying the effective date of termination. The City may terminate this Agreement in whole or in part for cause, which shall include: • Failure, for any reason, of the Developer to fulfill in a timely and proper manner its obligations under this Agreement, including compliance with approved program and Agreement conditions, and such statutes, executive orders, and HUD directives as may become applicable at any time, • Submission by the Developer to the City of reports that are incorrect or incomplete in any material respect, • Ineffective or improper use of funds provided under this Agreement; • Failure of the Developer to supply the City with monthly reports and audits as required by the City herein; • Failure of the Developer to comply with the City's corrective action plan respective to audits required by the City herein; 2) Termination by the Developer : The Developer may propose to terminate this Agreement in whole or in part for good cause only by giving at least thirty (30) days written notice specifically stating the cause for such requested termination. Any such request for termination shall be subject to the written approval of the City, acted upon by the City within ten (10) days of the receipt of the notice of request to terminate. The decision of the City shall be final and conclusive, provided that such approval shall not be unreasonably withheld. 3) Mutual Termination: This Agreement may also be terminated by either the City or the Developer in whole or in part, by mutual agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City may terminate the award in its entirety. 4) If this agreement is terminated or canceled in accordance with the terms, conditions, and procedures of this Agreement, thirty (30) days after termination of this agreement the Developer shall provide and turn over to the City all materials, books, accounts, records, files and other papers, or items pertaining to the project. 5) In the event the Developer does not expend the amount allocated under this Agreement or the project is canceled, expired, assigned or terminated for any reason, any funds not claimed by the Developer and approved by the City for allowable costs by the end of the term or by the date of cancellation, expiration, or termination of this Agreement, as the case may be, shall no longer be payable to the Developer under this Agreement. 9. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS: The Developer agrees to comply with all applicable rules and regulations, as amended from time to time, including but not limited to those federal rules and regulations referred to in this Agreement. 113 W MOUNTAIN ST I FAYLIILVILLEAR72701 I PHONE 479.575.82601 FAX 479.444.3445 community resources CITY OF FAYETTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM A. EQUAL OPPORTUNITY REQUIREMENTS 1. For projects involving housing, the requirements of the Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive order 11063 (Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107. 2. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200d) (Nondiscrimination in Federally Assisted Programs) and implementing regulation issued at 24 CFR Part 1. 3. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. 4. The requirements of 24 CFR 5.105(a) regarding equal opportunity as well as the requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60. 5. For those grants funding construction covered by 24 CFR 135 the requirements of section 3 of the Housing and Urban Development Act of 1968, (12 U.S.C. 1701 u) which requires that economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, be given to low -and very low-income persons and to businesses that provide economic opportunities for these persons. 6. The requirements of Executive Orders 11652 and 12432 (concerning Minority Business Enterprise) and 12138 concerning ( Women's Business Enterprises). Consistent with HUD's responsibilities under these Orders, the Grantee must make efforts to encourage the use of minority and women's business enterprises in connection with grant funded activities. See 24 CFR Part 85.36(e), which describes actions to be taken by the Grantee to assure that minority business enterprises and women business enterprises are used when possible in the procurement of property and services. 7. Where applicable, Developer shall maintain records of its efforts to comply with the requirements cited in Paragraphs 5 and 6 above. B. Administrative requirements of OMB Circular A-133 "Audits of States, Local governments and Non Profit Organizations" C. For State and Local Governments, the Administrative requirements of 24 CFR Part 85, including the procurement requirements of 24 CFR Part 85.36, and the requirements of OMB Circular A-87 regarding Cost Principles for State and Local Governments. For Non -Profits, the Administrative requirements of 24 CFR Part 84, including the procurement requirements of 24 CFR Part 84.40, and OMB Circular A-122 regarding Cost Principles for Non -Profit Institutions. For Institutions fo Higher Education the applicable OMB Circular regarding Cost Principles is A-21. D. The regulations at 24 CFR Part 87, related to lobbying, including the requirement that the Developer obtain certifications and disclosures from all covered persons. E. The regulations at 24 CFR Part 21, regarding requirements for Drug -Free Workplace. F. The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24. G. The Developer will comply with all accessibility requirements under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8, where 113 W MOUNTAIN ST 1 FAYETTEVILLE AR 72701 I PHONE 479.575.8260 I FAX 479.444.3445 tr‘ cominity resources CITY OF FAYETTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM applicable. H. The regulations at 24 CFR Part 35, where applicable, regarding Lead -Based Paint Poisoning Prevention in Certain Residential Structures. I. The regulations at 24 CFR Part 5.109, where applicable, regarding Equal Participation of Religious Organizations in HUD Programs and Activities. Unearned payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by HUD at any time or if the grant to the City pursuant to the authority of Pubic Law 110-161 (Consolidated Appropriations Act, 2008) and a listing of certain specific Economic Development Initiative (EDI) Special Projects specified in Congressional Record of December 17, 2007, is suspended or terminated. 10. CLAIMS AGAINST THE CITY: The Developer agrees to defend, indemnify and save harmless the City from any and all claims of any nature whatsoever which may arise from the Developer's performance of this Agreement; provided, however, that nothing contained in this Agreement shall be construed as rendering the Developer liable for acts of the City, its officers, agents or employees. 11. CONFLICTS OF INTEREST: The Developer represents that none of its employees, officers, or directors presently have any interest, either directly or indirectly, which would conflict in any manner with the Developer's performance or procurement under this Agreement, and that no person having such interest will be appointed or employed by the Developer. 12. NOTICES: Communication and details concerning the Agreement shall be directed to the following contract representatives: City of Fayetteville Yolanda Fields Community Resources Director 113 W. Mountain St. Fayetteville, AR 72701 Rausch Coleman Homes. LLC Kim J. Hesse, Director of Land Dev. 308 East Main Farmington, AR 72730 (479) 267-6008 p (479) 267-5241 f Khesse@rauschcoleman.com 13. BINDING AFFECT: This Agreement shall be binding upon and shall ensure to the benefit of the parties hereto and their respective heirs and assigns; provided, however, that no assignment shall be effective to relieve a party of any liability under this Agreement unless the other party has consented in writing to the assignment and agreed to the release of such liability. The City and the Sub -recipient hereby acknowledges receipt of a duly executed copy of this Agreement complete with all Exhibits attached hereto. EXECUTION/SIGNATORIES TO AGREEMENT PROVIDED ON SUCCEEDING PAGE 113 W MOUNTAIN ST 1 FAYEITEVILLE AR 72701 1 PHONE 479.575.8260 1 FAX 479.444.3445 torN 111 community resources CITY OF FAYETTEVILLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. City of Fayetteville Rausch Coleman Homes LLC Dan Coody, Mayor 7giehfrlu tivoijek Attested By: `d`` tRN fritqei .i'. ck stg• 01 Y 0;e � cj. •ccva •1 :FAYETTEVILLE; ;PkANSP• . �' 'yTON �J�. "uuuuW1L David Frye, Manager Attested By: 113 W MOUNTAIN ST I FAYETTEVILLE AR 72701 I PHONE 479.575.8260 I FAX 479.444.3445 I'! s 11••.- her __.her GRANTS.00V" Attachment A Grant Application Package Opportunity Title: Offering Agency CFDA Number: CFDA Desalpfron: Opportunity Number. Competition ID: Opportunity Open Data: Opportunity Close Date: Agency Contact (Economic Development Initiative -Special Project Neigbb OS Department of Housing and Otban Development !4.251 1 conomic Development Initiative -Special Project, Neigty� R -0000-N-01 EDI SP 04/10/2008 09/30/2011 Holly Kelly 202.708-3773 Uel J 1 iAdr , T:f+2AeXir- ot; 73' its. 3M. , Ir r m' " tii�,,�i til YiA n `ca tTeY'iuif IT,Zl, 4 444'144 e ,A' This opportunity Is onty open to organizations, applicants who ere submitting grant applications on behalf 01 a company, state, local or bibal government, academia, or other type of organization. ' Application Filing Name: Mandat. Documents City of Fayetteville Disclosure of Lobbyinc Actit ties (SF-LLLI'. onal Documents Store Famb Coroplete Ialre Form In Delete Wm Form b aubmnion ILC Nam Fain b Delete Itandat Doamtents for Submis^,lon Application for Federal Assistance (SF -424( • Ethers name for the application In the Application Fang Name field. - This appicaten can be completed h b navy °fine; however. you Will need to login to the Gmms.goveebsae dudng ere submission process. - You an saw your spp eat a many One by dekko the"Sae button at the top of tour screen. - The 'Save & Sramr button ail net be functional and ea required data Selds In the appaeavn am completed and you ceded on to 'Check Package for Emirs' brace and oamhmed en data requaed data Gelds ere completed. Open and complete all of the documents listed In the'Mandatory Docamants' beer. Complete the SF -424 form first. - els rearmmen0.M that the SF -424 firm be the fast tern completed for eye eppacation package. Date peered nine SF.424 .m populate data fronts in other mandatory and optional tams and the user cannot enter data In Oieso fields. -Ties forms fisted In to 'landatory Documents' bac antenna] Docummm' may be predoftred forms such as SF -424, tams where a daninam needs to be ataaled such as the Project Naaatin ora combination of bot. '4ardatory Documents' am required for this appodlon. IDno al Documents' can bo used to pro*' adnional ...-SURM tfrtis eppitatiorrOtI aybala`Qiiret for spealfic eget of grafi awO'ty. Rebiedde the epplladin Mane boat:doisIce Saint Minim regardiibg 'Optional Documents'. - To open and complete a flim. dmpty;Eck on the brink name to select the Item and tan Woken the ee buten Thfs v11 move to document to to appcopdate 'Documents for Su bulbul box and the form hag be autconcaIy added to your appiralim package. To Mew to fora sad down the semen or select the bon creme mit tick on to 'Open Form' button to begin competing the required data fields. To remove a fano/document fon the 'Deaonerasfor Submissions box. del: One doarmed name to select 2. end then click the c button. This rain the bmWoanaedb the 'Mandatory Moments' or 'Optional Documents' box. -Al detonate fisted ince 'Mandatary 0eaneses boa must be moved to to 'Mandatory Documents for Submission' hot When you open a required for. to adds Wadi mud be ampkted em NgMpmed in yetav will a rad boder. Optional felds and completed gelds are dispbytd In wide. If you enter imaid or incomplete htamafian ha field you veil recehe an error message. Click 0.e slave & Submit- button to submit your application to Grants.gev. - Once you have properly completed all required documents and atoned any required or optional documentation save the completed application by ceding en the "Save' - Cick on the Shed' Package for Enos' button to ensure that you have completed all requited data fields. Coned any erre or If none are bind. saw the application Package. -The 'Save & Submit- button will become 'erne: sok on to Bair & Suhmr button to begin the application wbmissbn process -You will be taken to to applicant login page to enter your Gmmsgov usemame and password Potty d onscreen hslmcfions ler submission OMS Number. 40400004 Es:Oration Date: 011312009 Application for Federal Assistance SF -424 Version 02 1. Type of Submission • 2. Type of App6oaroit !Madden. select appropriate let et(s) • Rreapplialtion X New 1 © APpBcalion • Continuation a Other (Specify) ■ Changed/Corrected Applcaton ❑Revision I Date Reoelved: 4. Applicant Wearer 11��3��. 'commons 4kmtsa,. use aaninbn 5a. Federal St6y Identifier: • 50. Federal Award Identifier: 1 State Use Onty: 6. Date Received by State: 7. State AppGvaUon Identifier I 6.APPUOANr INFORMATION: •a. Legal Name: 'city of Fayetteville • b. Engbyedfaq,ayer Identification Number (EINITIN): • c. Organizational DUNS: 71-6018462 - 11.41310578 d. Address: • Sueetl: 113 11. Mountain Street &met2 •C Fayetteville County: IRashington • State: AR: Arkansan ' PrcrAnce: • 1 EISA: DRITED STATES • Zip Postal Code: 172701 I e. Organizational Unit: Department Name: Division Names II I 1. Name and contact Information 0 person to be contacted on matters Involving this application: Pink Imo. • First Name: Irelands Middle Names I 6L831Name: 'Fields Suffer 178 'community Resources Director Organlr0enal MIIaK0rc • TelephoneNumber 9 575-8290 - Fax Number: 479 444-3495 •Smug: Iyfieldseci. Fayetteville. ar.us OMB Number: 4040-0004 Expiration Date:01/31/2003 Application for Federal Assistance SF -424 Version 02 0. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2 Seed Applaud Type Type of AppIicard t Setect Applicant Type: Omer (spectyj • 10. Name of Federal Agency: ItiS Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number. 14.251 CFDA Tee: Economic Development Initiative -Special Project, Neighborhood Initiative and Miscellaneous Grants • 12. Funding OpponuMly Number: FH -0000-N-01 Tele - Economic Development Initiative -Special Project, Neighborhood Initiative and Miscellaneous Grants 19. Competition Identification Number: EDI -SP It: 14. Areas Affected by Project (Cities, Counties, States, eta): • 15. Descriptive Tide of Applicants Protect Housing Partnership: An effort to provide attainable/affordable housing for families with an annual income from 80% to 100f of annual median income. Attach supporting documents as coedited In agency bc6ucfmns. OMB Number. 40400004 Expiation Date: 01/31%1009 Authorized tor Local Reproduction Standard Form 424 (Revised 1011005) Prescribed by OAS Circular A.402 Application for Federal Assistance SF -424 Version 02 16. Congressional Districts Of: • a. Applicant lAa-3 • b. Program/Project 3 Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project • a Start Date: 01/18/2009 • b. End Date: 01/18/2011 18. Estimated Funding (3): • e. Federal 1 - 656, 600.001 •b /IpPfcara 1 0.001 'a. State 1 0.001 • d Local 1 0.001 •a Other 1 1,259,128.00 • f. Program Income 1 0.00 •g. TOTAL 1 1,915,728.00 • 10. Is Application Subject to Review By State Under Executive Order 12372 Process? ID a. This appOcaOort was made available to the State under the Executive Order 12372 Process for review on b. Program Is subject to EO. 12972 but has not been selected by the State for review. X c. Program fs not covered by EO.12372. 20. Is the ApplicantDefmquent On Any Federal Debt? (ti'Yes*, provide explanation.) III Yes X No (r;�_s"?;i 21 *By signing this application, I certify (1) to the statements contained in the fist of certifications•• and (2) that tho statements herein are true, complete end accurate to the best M my Imowiedge. 1 also provide the required assurances" and agree to comply with any resulting terms If 1 accept an award. I am aware that any false,fictitious, or fraudulent statements or claims may subject me to criminal, that, or administrative penalties. (U.S. Code, Title 218, Section 1001) X •• IAGREE •• Tho fist of certifications end assurances, or an Internet site where you may obtain ttis 6st. Is contained h the announcement or egmcy specific Instructions, Authorized Representative: Prefix: kr. • Fast Name: loan 1 !Eddie Nana: 1 • Last Name [Coady _.Burse 'Vile:NaYor i/ �. 1 • Telephone Number. 1479 575-8331 1 Fax Number.I • Email: Idcoody@ci.fayettevil1e.ar.us 1 • Signature of Authorized Representative 10vmkk4 byGaagovwmm nMtaiw� 1 • Data Signed: 1Conpkted by xiataov win abnimba Authorized tor Local Reproduction Standard Form 424 (Revised 1011005) Prescribed by OAS Circular A.402